73 Neb. 124 | Neb. | 1905
The defendant, who is plaintiff in error in this court, was found guilty of a violation of chapter 99, laws of 1897, known as the “Pure Food Act.”
“That no person shall, within this state, manufacture for sale, offer for sale, or sell, any article of food which is adulterated, within the meaning of this act.”
“Every person manufacturing, offering or exposing for sale or delivering to a purchaser, any article of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender to him the value of the same, a sample sufficient for the analysis of any such article of food which is in his possession”; and the fifth section makes it a criminal offense to refuse to comply and furnish such sample. The bill of exceptions*127 shows that the deputy food commissi oner purchased the milk for the purpose and with the intention, at the time, of making an analysis of the same to ascertain if the same were adulterated, and it is shown from the statement of facts that the defendant claimed that he knew the purpose for which the milk was purchased, and would so testify. There is no doubt that, if the sale was made in pursuance of section four of the act, the defendant could not be prosecuted for a sale which he was compelled by law to make, and it is insisted that the facts above indicated shoAV that the sale was made in pursuance of that section. But Ave do not so view it. There is nothing to show that the food commissioner applied to the defendant for a sample of milk for the purpose of analysis. The admission is that the defendant sold to W. F. Thompson one quart of milk, at the time stated in the complaint, and there is nothing to shoAV that he refused to sell it in the regular course of his trade, or that he was under any compulsion, or supposed himself to be under any compulsion, to sell the milk in pursuance of a demand for the purpose of analysis.
We find no errors in the record. The judgment of the district court is therefore
Affirmed.